Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X.X. Xxxx, Xxxxxxx X. Xxxxxxx and Xxxxxx X. Xxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter.
Measuring Life. If and to the extent that any of the rights and privileges granted under this Agreement, including Section 11 hereof, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Head Equipment Agreement, such options, rights and privileges, subject to the respective conditions governing the exercise of such options, rights and privileges, will be exercisable only during (a) a period which will end twenty-one (21) years after the death of the last survivor of the members of the Board of Directors of Old Dominion named in Exhibit A-5 hereto, together with all such persons' children and grandchildren who are living on the date of the execution of this Head Equipment Agreement or (b) the specific applicable period of time expressed in this Head Equipment Agreement, whichever is shorter.
Measuring Life. If and to the extent that any of the rights and privileges granted under this Rocky Mountain Agreements Re-assignment, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Rocky Mountain Agreements Re-assignment, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Rocky Mountain Agreements Re-assignment, of the following Presidents of the United States: Xxxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxxx, Xxxx X. Xxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx, Xxxxxx X. Xxxx, Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx Xxxx and Xxxxxxx X. Xxxxxxx or (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Rocky Mountain Agreements Re-assignment, whichever of (a) and (b) is shorter.
Measuring Life. If and to the extent that any of the options, rights and privileges granted under this Agreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Agreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Agreement of the following Presidents of the United States: Xxxxxxxx X.
Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of
Measuring Life. If and to the extent that any of the rights and privileges granted under this Facility Lease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Facility Lease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the descendants living on the date of the execution of this Facility Lease of the following Presidents of the United States: Franxxxx X. Xxxxxxxxx, Xxrrx X. Xxxxxx, Xxigxx X. Xxxxxxxxxx, Xxhn X. Xxxxxxx, Xxndxx X. Xxxxxxx, Xxchxxx X. Xxxxx, Xxraxx X. Xxxx, Xxmex X. Xxxxxx, Xxnaxx X. Xxxxxx, Xxorxx X.X. Xxxx xxx Willxxx X. Xxxxxxx xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Facility Lease, whichever of (a) and (b) is shorter. NOTICE - THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. [This notice is set forth in the manner provided in Section 1 of the Act of July 17,1957, P.L. 984, as amended, and is not intended as notice of unrecorded instruments, if any]. NOTICE THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE(S) TO THIS NOTICE AND THE ACCEPTANCE AND RECORDING OF THIS DEED, (IS, ARE) FULLY COGNIZANT OF THE FACT THAT THE UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST SUBSIDENCE, AS TO THE PROPERTY HEREIN CONVEYED, RESULTING FROM COAL MINING OPERATIONS AND THAT THE PURCHASED PROPERTY, HEREIN CONVEYED, MAY BE PROTECTED FROM DAMAGE DUE TO MINE SUBSIDENCE BY A PRIVATE CONTRACT WITH THE OWNERS OF THE ECONOMIC I...
Measuring Life. If and to the extent that any of the rights and privileges granted under this Agreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Agreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise
Measuring Life. If and to the extent that any of the rights and privileges granted under this Agreement, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Agreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the last survivor of the
Measuring Life. If and to the extent that any of the rights and privileges granted under this Site Lease and Sublease, would, in the absence of the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interests in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Site Lease and Sublease, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years after the death of the
Measuring Life. 82 Section 16.17 No Partnership, Etc........................................................................ 82 Section 16.18 Restrictions on Transfer of Member Interest................................................ 82 Section 16.19 Confidentiality............................................................................ 84 Section 16.20 Termination................................................................................ 85 XXXXXXXXX PARTICIPATION AGREEMENT (L1) -------------------------------------- Appendix A Definitions Appendix B Retained Assets EXHIBITS: Exhibit A Form of Xxxx of Sale Exhibit B Form of Facility Deed Exhibit C Form of Facility Lease Exhibit D Form of Indemnity Mortgage Exhibit D-1 Form of Conditional Indemnity Agreement Exhibit E Form of Facility Site Lease Exhibit F Form of Memorandum of Facility Site Lease Exhibit G Form of Facility Site Sublease Exhibit H Form of Memorandum of Facility Site Sublease Exhibit I Form of Lease Indenture Exhibit I-1 Form of Short Form Indenture Exhibit J Form of Lessor Notes Exhibit K Form of Pass Through Trust Agreement Exhibit L Form of Pass Through Certificates Exhibit M Form of Certificate Purchase Agreement Exhibit N Form of Lessor LLC Agreement Exhibit O Form of OP LLC Agreement Exhibit P Form of Capital Contribution Agreement Exhibit Q Form of Potomac River Note Exhibit R Form of Peaker Note Exhibit S Form of Shared Facilities Agreement Exhibit T Form of Acquisition Assignment and Assumption Agreement Exhibit U Form of OP Guaranty Exhibit V Form of Registration Rights Agreement Exhibit W Form of Ownership and Operation Agreement Exhibit X Opinion of SASM&F, special New York counsel to SEMA, SEI, XX Xxxxxx and SE Potomac River Exhibit Y Opinion of Piper, Marbury, Xxxxxxx & Xxxxx LLP, special Maryland counsel to SEMA, SEI and XX Xxxxxx XXXXXXXXX PARTICIPATION AGREEMENT (L1) -------------------------------------- Exhibit Z Opinion of Xxxxx Xxxxxxxxxx LLP, special New York counsel to the Owner Participant, the Equity Investor and the OP Guarantor Exhibit AA Opinion of Morris, James, Hitchens & Xxxxxxxx LLP, special counsel to the Owner Lessor, the Owner Participant, the Trust Company and the Owner Manager Exhibit BB Opinion of Xxxxxxx Xxxx LLP, special counsel to the Lease Indenture Trustee and the Lease Indenture Company, and to the Pass Through Trustee and the Pass Through Company Exhibit CC Opinion of Alexander & Xxxxxxx, special Maryland regulatory counsel to SEMA, SEI and XX Xxxxxx Exh...
